Addison Woman, 23, Died In Crash With School Bus In Town Of Erwin; Students And Bus Driver Uninjured

The driver of this vehicle was killed Wednesday morning in a crash involving an Addison school bus. (The Leader newspaper)

The 23-year-old driver of this vehicle was killed Wednesday morning in a crash involving an Addison school bus. (The Leader newspaper)

New York State Police have identified 23-year-old Kayanna Lehman of Addison as the driver of the sedan who was killed Wednesday morning when her car crossed the center line on a Steuben County highway and struck an Addison Central School District bus head-on.

Lehman was killed in the 7:45 a.m. crash Wednesday on state Route 417 in the Town of Erwin. There were no injuries on the bus, which had a driver and nine students, according to the school district.

Troopers said they don’t know why Lehman’s vehicle crossed the center line. Weather was not a factor in the crash.

Troopers said Lehman was pronounced dead at the scene. Two children in her vehicle were not injured. Both vehicles suffered extensive damage, troopers said.

The district sent the students on the bus to Guthrie Corning Hospital in East Corning for evaluation. The bus was transporting the students to a program outside the school district.

Addison Central School District Superintendent Joseph DioGuardi said that two of the children on the bus were elementary school students and the others were high school students.

There are seat belts on the bus, but DioGuardi did not know if students were wearing them at the time of the crash.

Thank you for reading,

Adam Gee
[email protected]
607-733-8866


UPDATE: DOT Worker From Owego Who Was Hit By Trucker On Route 17 In Tioga County Dies

WENY-TV

WENY-TV

The New York State Department of Transportation worker who was seriously injured on March 13 when his truck was hit by a tractor-trailer on state Route 17 in Tioga County, NY, died Monday. Police said the driver of the tractor-trailer failed to obey the state’s Move Over Law.

The Tioga County, N.Y., Sheriff’s Office identified the DOT employee as 45-year-old Dennis Matthew Howe of Owego. He was airlifted on March 13 to Robert Packer Hospital in Sayre, where he died Monday.

The Sheriff’s Office said a tractor-trailer driven by 37-year-old Lawrence Faucett of Ulster, PA, struck the state DOT truck in the westbound lane between Exit 63 (to Lounsberry) and Exit 62 (to Nichols). DOT employees were performing roadway maintenance when the truck was hit.

Faucett was ticketed for Moving from the Lane Unsafely and Failure to Obey the Move Over Law. The investigation continues.

A GoFundMe account has been established to help Howe’s family with medical expenses. As of the morning of March 20, it had raised more than $15,000.

New York Gov. Andrew Cuomo ordered flags to be lowered to half-staff on all state government buildings in honor of Howe. Flags will be flown half-staff until Howe’s burial.

According to the governor’s office, Howe had been a DOT employee since 2006. Cuomo called Howe a “jack of all trades who was always eager to lend a hand to the team.”

Howe’s death is a tragic reminder of the dangers facing DOT workers face, Cuomo said.

“There is nothing routine about what our maintenance forces do to keep New York’s highways safe, and we have zero tolerance for anyone who flagrantly puts the lives and safety of our workers in jeopardy,” Cuomo said “This year, I called for stricter protections for transportation workers to send a clear message that New York stands with our workers.”

The NY Move Over Law requires cars to move over and slow down, if they can safely do so, for police, firefighters, ambulance workers, tow-truck drivers and other personnel as they work at crash scenes. Motorists are similarly required to move when construction and maintenance vehicles are stopped alongside roads – this includes New York State Department of Transportation vehicles who care for our highways.

The law, first enacted in 2011, was expanded in July 2016 to include volunteer firefighter and ambulance workers. In November 2016, sanitation vehicles, such as garbage and recycling trucks, were also added.

According to the New York State Department of Motor Vehicles, more than 100,000 people have been ticketed for failing to move over since 2011, including more than 12,000 in 2018.

The penalty for violating the Move Over Law is a fine of up to $150, or jail time of up to 15 days, or both. It also counts for two points on a driver’s license. A second offense within 18 months of the first one could double the amount of the fine, pushing it up to $300. A third offense in 18 months could lead to a fine of up to $450.

There are also steep state surcharges on moving violations: $88 or $93 upon conviction for violating New York’s Move Over Law, and there’s an impact on vehicle insurance: Studies confirm that being convicted of a moving violation can result in a rate increase of up to 20 percent, sometimes more.

The Move Over Law is important – it protects vulnerable people who are forced to work at the edges of roadways where cars, trucks and tractor trailers are flying by mere feet away.  Because the protected people are busy doing their job, they can’t pay as much attention to traffic as they would like.  When people violate the move over law, the results can be tragic, and injuries are certain to be very serious because of the speed of the moving vehicles.

The Move Over Law is a common-sense solution to give the protected workers room to do their jobs, so move over, slow down, and make sure everyone goes home safe at the end of the day.

Thank you for reading,

Adam M. Gee
[email protected]
(607) 733-8866

 


DOT Worker Hurt By Trucker Who Is Accused Of Violating Move Over Law, Says NY and PA Personal Injury Lawyer

WENY-TV

WENY-TV

A tractor-trailer driver is accused of violating New York State’s Move Over Law after police said his truck struck a New York State Department of Transportation vehicle, injuring a DOT employee, Wednesday morning in a work zone on State Route 17 in the town of Nichols in Tioga County, N.Y.

move-over-poster2News reports said the DOT employee, who police said was seriously injured, was airlifted to Robert Packer Hospital in Sayre. Police did not identify the DOT employee or release any other information about the extent of the DOT employee’s injuries.

The truck driver, Lawrence Faucett, 37, of Ulster, PA, was ticketed for Failure To Move Over and Moving From Lane Unsafely.

The Tioga County, N.Y., Sheriff’s Office was assisted by the Owego Fire Department, New York State Police Commercial Vehicle Enforcement, New York State DOT, and Guthrie Air Medical.

The NY Move Over Law requires cars to move over and slow down, if they can safely do so, for police, firefighters, ambulance workers, tow-truck drivers and other personnel as they work at crash scenes. Motorists are similarly required to move when construction and maintenance vehicles are stopped alongside roads – this includes NYS Department of TRansportation Vehicles who care for our highways.

The law, first enacted in 2011, was expanded in July 2016 to include volunteer firefighter and ambulance workers. In November 2016, sanitation vehicles, such as garbage and recycling trucks, were also added.

According to the New York State Department of Motor Vehicles, more than 100,000 people have been ticketed for failing to move over since 2011, including more than 12,000 in 2018.

The penalty for violating the Move Over Law is a fine of up to $150, or jail time of up to 15 days, or both. It also counts for two points on a driver’s license. A second offense within 18 months of the first one could double the amount of the fine, pushing it up to $300. A third offense in 18 months could lead to a fine of up to $450.

There are also steep state surcharges on moving violations: $88 or $93 upon conviction for violating New York’s Move Over Law, and there’s an impact on vehicle insurance: Studies confirm that being convicted of a moving violation can result in a rate increase of up to 20 percent, sometimes more.

The Move Over Law is important – it protects vulnerable people who are forced to work at the edges of roadways where cars, trucks and tractor trailers are flying by mere feet away.  Because the protected people are busy doing their job, they can’t pay as much attention to traffic as they would like.  When people violate the move over law, the results can be tragic, and injuries are certain to be very serious because of the speed of the moving vehicles.

The Move Over Law is a common sense solution to give the protected workers room to do their jobs, so move over, slow down, and make sure everyone goes home safe at the end of the day.

Thank you for reading,

Adam M. Gee
[email protected]
(607) 733-8866

 

 


To Keep Roads Safe, Clear Snow And Ice From Your Vehicles, Says NY and PA Personal Injury Lawyer

Depositphotos_55923601_m-2015

Many of our vehicles are covered with ice and snow from our recent winter storm, and we are about to get hit with more over the next two days.  If we don’t remove that snow and ice before hitting the road it will take to the air, often hitting other vehicles or pedestrians. It’s bad enough when it’s just snow, but given all of the ice we endured recently, it makes those flying snow piles even potentially deadlier weapons.

A Syracuse-area man driving on Interstate 690 said this week that snow and ice that flew off the top of a tractor-trailer smashed the passenger side of his windshield. He was able to pull over safely, but not everyone is that lucky.

“The only way I could describe it is when I saw it, it looked like a giant kite, and it kind of just hung there in the air,” Scott Johnson told the news media.

this-is-safest-way-remove-snow-car-503844496-ratmanerA body shop in Syracuse told the news media it had received at least 60 calls for broken windshields just in one day.

One good rule of thumb when traveling among trucks this time of year: slow down and give them a lot of room, because you never know when snow and ice will be sent flying, especially as the weather warms up.

Also, check your insurance policy and be sure it covers repairs for a shattered windshield.

“What happens quite often is that you’re not aware of who the other person is, whether they’re passing you, you’re passing them, and again, that person may not know that ice came from their vehicle,” said Trooper Jack Keller of the New York State Police.

To protect other motorists – and spare yourself a possible lawsuit if snow and ice off your vehicle causes a crash or damage – consider buying a push broom or snow rake for the top of your vehicle.

In addition to the threat of shattering another driver’s windshield, snow and ice flying off your vehicle can  reduce visibility for other drivers and lead to a crash.

According to AAA, in a 2009 survey, 54 percent of motorists said they never or rarely remove accumulated snow and ice from their vehicles.

New York and Pennsylvania both have laws regarding the removal of snow and ice from vehicles.

In New York, drivers with more than three inches of snow on their roof or cargo area more than three hours after a storm could face $150 to $850 in fines.

In Pennsylvania, the law states: “When snow or ice is dislodged or falls from a moving vehicle and strikes another vehicle or pedestrian, causing death or serious bodily injury, the operator of the vehicle from which the snow or ice is dislodged or falls shall be subject to a fine of not less than $200 nor more than $1,000 for each offense.”

No matter where you are, if snow and ice from your vehicle flies off and causes a crash, you could be held responsible for it.

Be a responsible and safe motorist and be sure to remove the snow and ice on your vehicle before turning the key.

Thank you for reading,

Adam M. Gee
[email protected]
(607) 733-8866


Gov. Cuomo Calls For Tougher Laws For School Buses

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The number is staggering: 150,000 motor vehicles illegally pass school buses in New York State EVERY YEAR, according to state law enforcement agencies’ estimates. That’s 150,000 drivers in 180 school days a year!

Gov. Andrew Cuomo.

Gov. Andrew Cuomo.

To address that stunning statistic, Gov. Andrew Cuomo has proposed some important changes to make our streets and roads safer for schoolchildren getting on and off buses at all times of the day. And with a Democratic-controlled Legislature behind him, Cuomo’s proposal has a good chance of becoming law.

In his recent 2020 budget proposal, which is supposed to be approved by the Legislature by April 1, Cuomo called for authorizing school districts to install cameras in the stop-sign arms on buses to capture photos of vehicles and drivers that break the law.

He also wants to increase the fine for passing a stopped school bus, and here’s what could be the biggest change for New York State families and schools:

Cuomo wants to require all students to wear seat belts on school buses.

New York State’s school bus seat belt law requires all school buses manufactured after July 1, 1987, to be equipped with seat belts BUT the state does not currently mandate seat belt use on school buses, but rather, leaves the a decision to each school district.

Many of the local districts don’t require student seat belt use, according to transportation policies on their district websites.

The proposal, which has a good chance of becoming law, could lead to some short-term headaches for school districts and their bus drivers as they get students in the habit of buckling up.

“The safety of New York’s schoolchildren is our top priority and reckless drivers who put our kids in danger must be held accountable,” Gov. Cuomo said in announcing the proposal. “Motorists have a responsibility to pay attention and abide by the law, especially when driving in the vicinity of school buses, and these measures will ensure students make it to and from school safely and help prevent needless tragedies.”

downloadState Senator Tom O’Mara of the Southern Tier supports Cuomo’s proposal.

“The State Legislature has taken many actions to strengthen school bus safety and to continually try to encourage, enhance and enforce motorist safety,” he said in a prepared statement. “I believe it should be a fundamental priority and responsibility. The Governor has thrown his support behind commonsense actions this session, including the installation of stop-arm cameras on school buses, which the Senate unanimously approved last year. This action can make a difference and I strongly support its inclusion in this year’s budget.”

In New York, Cuomo said, 1.5 million students ride school buses to and from school every year.

The penalties in New York State and Pennsylvania for passing a stopped school bus are stiff and will likely get tougher soon in New York.

According to New York State’s Operation Safe Stop, the penalties for passing a stopped school bus now are:

First conviction, fines from $250 to $400 and up to 30 days in jail.

Second conviction, $600 to $750 in fines and up to 180 days in jail.

Third conviction, $750 to $1,000 in fines and up to 180 days in jail.

In Pennsylvania, drivers convicted could face a $250 fine and a possible 60-day suspension of their license.

What do you think of mandatory seat-belt use on school buses? Please add your comments below ….

If you want to learn more:

Cuomo announcement.

New York’s Operation Safe Stop.

PENNDOT school bus safety information.

U.S. Department of Transportation on School Bus Safety.

Thanks for reading,

Jim

Jim Reed
Managing Partner
Best Lawyers’ “2015 & 2017 & 2019 Lawyer of the Year”
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com

 

 

 


UPDATE: Child Victims Act Approved, Opening Courts To More Child Sex Abuse Victims

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UPDATE ON JAN. 29, 2019:

New York Gov. Andrew Cuomo will sign the long-awaited Child Sex Act into law after the Democrat-controlled New York State Senate approved it unanimously on Monday, Jan. 28, in Albany. The new law will give victims of child sexual abuse, regardless of how long ago the crimes occurred, the chance to pursue civil justice against their abusers and the institutions that seemingly protected them,.

The state Assembly, also controlled by the Democrats, previously approved the legislation 130-3, so the legislation goes to Cuomo.

The law opens the state’s tough statute of limitations on sex crimes against children and provides a one-year window for crimes from any time in the past.

According to news reports, the Child Victims Act:

  • Extends New York’s statute of limitations to allow for criminal charges against sexual abusers of children until their victims turn 28 for felony cases, up from the current 23.
  • Allows victims to seek civil action against their abusers and institutions that enabled them until they turn 55.
  • Opens a one-year, one-time-only period to allow all victims to seek civil action, regardless of how long ago the abuse occurred.

Previously …

The New York State Legislature appears finally ready to give new hope to the victims of child sexual abuse and their families. The Child Victims Act, if approved this year, is expected to extend the statute of limitations for sexual crimes against children, allowing more victims to sue their attackers and the institutions they represented.

In 2019, with the Democrats leading the Senate and Assembly under Democratic Gov. Andrew Cuomo, the long-debated Child Victims Act may finally be approved by state lawmakers. The Republican-controlled Senate in the past had blocked the legislation after the Democrat-controlled Assembly passed it.

The legislation may give past abuse victims a one-year window to file civil claims, regardless of when the abuse happened. The one-time measure has powerful opponents in Albany, including the insurance industry and the Catholic Church.

Cuomo is expected to highlight the legislation in his executive budget proposal, which will be introduced Tuesday, Jan. 15, in Albany.

To summarize, according to recent news reports, the proposed legislation does the following:

  • Extends or eliminates the statute of limitations for future criminal sexual cases involving a child under the age of 18, which would give victims more time to come forward after they become adults.
  • Extends the time limit for victims to sue in civil court to the time they turn 50.
  • Opens a one-year window for all past victims of child sexual abuse to file civil claims, regardless of when it happened.

The most serious felony sexual crimes against children already have no statute of limitations, so prosecutors can’t be restricted from bringing charges because of how much time has passed.

Gov. Andrew Cuomo.

Gov. Andrew Cuomo.

But there is a five year statute of limitations for other lower-level felonies that begin when the victim turns 18. A 2018 bill proposed by Cuomo called for dropping any time limit but the Legislature’s bill would start the five-year statute of limitations when the victim turns 23.

The bill’s sponsors call the so-called “look-back period” the key part of the legislation. If approved, the one-year period would begin six months after the bill is signed. In that next year only, victims would be able to seek civil relief from people or institutions, regardless of the victim’s age or when the abuse occurred.

News reports said insurance groups have strongly lobbied against the look-back period for obvious reasons: They would likely face pressure to pay out damages to victims of institutions the insurers count as clients for claims that had been previously barred by the statute of limitations.

The state Catholic Conference, which represents the state’s Catholic dioceses, has also targeted the look-back period, saying it appears it would only apply to private institutions — like the Catholic Church — and not schools and governments, according to news reports. The bill sponsors said it applies to both.

The dispute is over what’s known as a “notice of claim,” which has to be filed within 90 days of an act and serves as an extra layer of protection that public institutions have against being sued.

But last week, news reports said Cuomo’s office announced the Child Victims Act in his budget would eliminate the need for a notice of claim when a sex crime is committed against a child.

Cuomo also wants judges to attend required training on how to handle cases involving children who are sexually abused. The legislation would also let the state Office of Court Administration establish rules for adjudicating revived claims against abusers in the past.

Thank you for reading,

Adam M. Gee
[email protected]
(607) 733-8866

 

 


New Year, Many New NY and PA Laws For Twin Tiers Residents

Home_Sold

Twin Tiers residents face some new state laws that could impact their lives in 2019.

In New York and Pennsylvania, some of the new laws established in 2017 and 2018 take effect in 2019. In NY, state lawmakers in Albany debated and approved minimum wage increases, more paid family leave, and much more. In PA, state lawmakers in Harrisburg toughened penalties for DUIs and domestic violence and closed a gun show loophole among a group of new laws.

The New York State Legislature begins meeting Jan. 9 and the Democrats have a lot on their plate because they control the state Assembly and Senate, and are led by a Democrat, newly re-elected Gov. Andrew Cuomo. A big topic of debate in 2019 will be the possible legalization of recreational marijuana in the state.

The Pennsylvania Legislature returned Jan. 7 with the Republicans still having the majorities in both chambers. There are a record number of female lawmakers who will join the fight in tackling redistricting, education, and pension reform, among many other issues, and will be expected to better address the opioid crisis.

Here is a summary of what you need to know:

New York

■ Good news for many New York homeowners: Property tax rebate checks will increase an average of $530 this year for STAR-eligible homeowners earning $275,000 or less a year in property tax-compliant school districts.

Dollars■ The minimum wage upstate increased to $11.10 an hour, up from $10.40 an hour, on Dec. 31. It was the third straight year that the wage was increased and is part of a phased-in increase that will continue through 2021.

In New York City, small employers with no more than 10 employees will pay $13.50, up from $12. Large employers, with 11 or more employees, saw the increase jump from $13 to $15 an hour. In Long Island and Westchester County, the wage increased from $11 to $12.

As usual when there is a rate hike, some business owners said they will pass the increased labor costs on to their customers, or their business may close. Worker advocates say the increases are good for all minimum-wage employees.

Eligible employees denied the wage increase can call a state hotline to report noncompliant employers: 1-888-4-NYSDOL.

Vounteer-FD■ Volunteer firefighters diagnosed with certain forms of cancer after Jan. 1 will be eligible for state disability coverage. The firefighters must have served at least five years to get access to the tax-free disability and death benefits.

To learn more about which forms of cancer are included, contact your state lawmakers or read the state’s frequently-asked questions document about the New York State Volunteer Firefighter Gap Coverage Cancer Disabilities Benefits Act, which was approved in October 2017.

■ The state has increased paid family leave from eight weeks to 10 weeks. Eligible employees can take that time off for a new child, a sick family member or to help a family member when another member of the family is deployed on active military service. The number of weeks will continue to increase for the next two years, to 12 weeks in 2021. Learn more here.

■ Drugstores and mail-order pharmacies required to give consumers the ability to return unused prescription drugs through free drop boxes, prepaid envelopes or other secure avenues. The Drug Take Back Act is trying to discourage the flushing of unused drugs into sewers.

■ Health insurers are now required to provide prostate cancer screenings to men free of co-pays or deductibles. Health insurers are also required to let consumers know about the feature.

■ A new law that takes effect on Jan. 30 will allow state correction officials to screen inmates for homemade weapons using body scanners. The weapons, often ceramic craft blades found in cutting tools but not detected by metal detectors, have been used to injure correction officers, state officials said.

■ Diaper-changing tables are now required in new or renovated public men’s and women’s restrooms.

Pennsylvania

police-lights■ First felony DUI law: Those convicted of repeatedly driving under the influence face the state’s first felony for DUI, which went into effect on Dec. 23. A driver could face the felony charge when they have been arrested for a third offense in a decade with at least twice the legal limit for alcohol (legal limit is .08 percent), or if they are a fourth-time offender. All previous DUI offenses were misdemeanors.

Longer jail sentences are also likely for those who unintentionally cause someone’s death because of their repeated DUI violations.

■ Domestic violence: Abusers facing final Protection From Abuse orders are required to surrender their firearms to police and not family members or friends.

A new law also lets judges use risk assessment tools to determine if an abuser continues to be a threat to victims, and the same tools can be used to determine bail amounts.

■ Firearms: The law was changed to close the “gun show loophole” that let guns be sold without a state police background check.

■ School bus cameras: A new law helps schools buy external cameras to catch images of anyone driving around a stopped bus.

December 1986 Miami, Florida, USA

■ Saving animals: Law enforcement officers can now remove pets from motor vehicles without being liable for damage. It’s called the Motor Vehicle Extreme Heat Protection Act.

■ Hazing: A new law toughens penalties for hazing and makes sure colleges and universities set up anti-hazing safeguards to protect students.

■ Opioid crisis: With the drug problem in mind, lawmakers grant grandparents guardianship rights for grandchildren for 90 days to one year if parents are unable to care for the children.

■ Sentencing change: Drivers’ licenses can no longer be suspended for non-driving infractions.

■ Criminal appeals: The state extended the filing period for post-conviction relief appeals – when people argue their defense lawyer was ineffective in cases that ended in criminal convictions – from 60 days to one year.

■ Clean Slate Law: The new law lets people with 10-year-old criminal records ask to get those records sealed if their crime was a nonviolent misdemeanor and included a sentence of one or more years in prison. The person must also not have any new convictions in the 10-year period.

The law also authorizes the automatic sealing of second- and third-degree misdemeanor convictions that ended in sentences of less than two years – also if there are no new convictions in the last 10 years.

■ Skimmers: A new law criminalizes the card readers that illegally gather data from credit and debit cards.

■ Drones:  The penalties have become tougher for those who use a drone to stalk or monitor another person outside of the scope of law enforcement.

Thanks for reading,

Jim

Jim Reed
Managing Partner
Best Lawyers’ “2015 & 2017 & 2019 Lawyer of the Year”
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com

 

 


Ziff Law’s Jim Reed Named Lawyer Of The Year For Southern Tier Region In 2019

Jim Reed, Ziff Law Firm

Jim Reed of the Ziff Law Firm has been named the 2019 Plaintiffs’ Lawyer of the Year among personal injury lawyers in the Southern New York Region, which encompasses a region from Binghamton to Corning and Elmira to Ithaca.

Jim, the managing partner of the Ziff Law Firm, will again be included in the Best Lawyers directory, a nationally recognized resource used to locate the best-qualified attorneys by region. Jim was also named Lawyer of the Year in 2015 and 2017.

According to the Best Lawyers directory, one lawyer in each practice area and designated metropolitan area is honored as a Lawyer of the Year, making it a significant achievement for Jim.

Attorneys are selected based on peer reviews and the recognition reflects the high level of respect a lawyer has earned among other leading lawyers in the same communities and the same practice areas for their abilities, their professionalism, and their integrity.

Jim’s clients weren’t consulted, but many agree with Best Lawyers’ designation.

  • Thomas of Amherst, NY: “After a traumatic bike crash, I was thankful I was able to lean on Jim’s experience and expertise. He was upfront with me from the beginning and went the extra mile at the end and was able to get a higher settlement than what was originally expected from the insurance company. I am very appreciative.”
  • John and Sylvia of Horseheads: “John was in a severe rear-ending collision and Jim was always there to help no matter when we needed him. Jim and the Ziff Law Firm handled everything. After Jim acquired a sizable settlement, Ziff Law took care of paying our debtors and made sure we had a good investment for our future. Jim is a hard-working, concerned, passionate, and dedicated attorney.”
  • Terri of Big Flats: “After being involved in a motor vehicle crash, we hired Jim and his team and it was the best decision we could have made. Jim is a fantastic attorney. Just as important, he is a fantastic person. Jim never promised us the moon. He was careful to advise us of the good and the bad that could happen. Many places will tell you anything to get you as a client; this was not the case with Jim. His approach was full of professionalism, kindness and compassion, integrity, and patience.”

Congratulations, Jim!

 


Winter Strikes Early … Are You Really Ready? Legal Tips for Winter Safety

Capture1Winter arrived way too early in the Twin Tiers.

Our mid-November snowstorm has mostly melted, but it’s not something most of us will forget any time soon. We jumped from raking leaves to shoveling and blowing wet, heavy snow (full of leaves) in 24 hours.

So before the next storm strikes, here are some things Twin Tiers motorists and property owners need to remember as we head into another unpredictable Northeast winter.

Cleaning up the snow: I recently appeared on WENY-TV’s special report, “Winter Ready 2018,” with the Horseheads TV station’s meteorologists to talk about snow removal. I am always amazed at the number of property owners who don’t clean their sidewalks, driveways, and porches within 12 to 24 hours after a snowfall.

In many cases, if someone falls on their property because the sidewalk or driveway is not cleaned sufficiently in a timely fashion, the property owner could be held liable. Most communities have laws that require property owners to keep their sidewalks clear of snow and ice within a reasonable amount of time after a snowfall or ice storm.

So keep your shovel and salt handy, and if possible, keep your snow blower full of gas and ready to go. If you are a renter, does your landlord handle snow removal or have they delegated that responsibility to you? Be sure to review your lease closely about sidewalk and driveway responsibility.

You can watch my WENY segment here.

 

 

About that “move over law” in New York State: Many of us have learned to slow down and move over to another lane when we encounter emergency responders on our four-lane highways, but did you know it’s also the law to do it when you are driving 30 mph or so in a city, town or village? I see people ignoring emergency lights all the time when they’re going slower speeds.

If you did not watch the video above of the officer talking about the importance of the move over law — he survived being struck by a vehicle during a traffic stop — then you should watch it now before reading any more.

move-overHere is another overlooked fact about the law: We all know we are supposed to slow down and pull over safely or stop for emergency vehicles such as police cars, firetrucks, and ambulances, but we are also supposed to provide a slow and safe buffer zone around other non-emergency vehicles such as snow plows, tow trucks, sanitation trucks, and road construction crews.

I strongly recommend you read the New York State Vehicle and Traffic Law 1144-a.

If an officer or trooper pulls you over for violating this law, it’s a moving violation that is punishable by two points on your license and a fine of $275. If you’re pulled over for that violation, you might also see some additional charges: Failure to Yield the Right of Way (three points), Improper Passing (three points), Unsafe Lane Change (three points), Reckless Driving (five points), and Speeding (three to 11 points depending on the speed).

So if you see a vehicle with flashing amber, red or blue lights, slow down and decide carefully how you can get around them for your safety, theirs, and everyone else. On a two-lane road, moving over to the other lane may not be a safe move. You may have to stop and move over slowly, so be prepared to slow down and stop.

Also, about that snow on your car: If you have a buildup of snow and ice on your vehicle, it could pose a clear and present danger to vehicles behind you and can illegally obstruct your visibility out of your vehicle. You could be ticketed and face a civil lawsuit because you failed to take reasonable steps to make sure you could see safely.

Bottom line: Our Twin Tiers winters are unpredictable, so my best advice is always to slow down and avoid distractions (your phone!) when driving, keep your sidewalk and driveway clear, clean that snow off your vehicle, and move over for all emergency vehicles.

 

Thanks for reading,

Jim

Jim Reed
Managing Partner
Best Lawyers’ “2015 & 2017 Lawyer of the Year”
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com

 


Be Prepared For Crashes With The New Ziff Law Crash Help App

The Ziff Law Firm wants to help drivers in their most stressful moments – in the minutes after a vehicle crash. Be prepared and protect yourself and your loved ones with the free Ziff Law Crash Help App for iPhones and Androids.

Crash Help picThe Ziff Law Crash Help App’s automatic car crash detection system uses internal sensors in your smartphone to detect a crash and automatically sends a help message with your location to the emergency contacts you selected, if it is enabled.

Crash Help also features:

  • Camera, video recorder, and a text notepad to record all pertinent crash information.
  • Time-saving forms to help you collect information from other drivers, passengers, and other witnesses.
  • An automatic GPS locator that captures critical crash information like traffic patterns and road conditions.
  • A frequently-asked-questions section that educates users about the best ways to prepare for and handle any motor vehicle crash.
  • A locator of emergency services based on your location.

Download the iPhone App here.

Download the Android App here.

Thanks for reading,

Jim

Jim Reed
Managing Partner
Best Lawyers’ “2015 & 2017 Lawyer of the Year”
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Blogs: NYInjuryLawBlog.com and
            NYBikeAccidentBlog.com